Sedalia Brewing Co. v. Sedalia Water Works Co.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. Statement by tlie court. This is a proceeding in equity by injunction brought by the Sedalia Brewing Company against the Sedalia Waterworks Company to enjoin the latter from cutting off the supply of water to the former.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. Statement by tlie court. This is a proceeding in equity by injunction brought by the Sedalia Brewing Company against the Sedalia Waterworks Company to enjoin the latter from cutting off the supply of water to the former. On February 19, 1884, the brewing company entered into a contract with the city of Sedalia, then the owner of the water works system in that city, by which it was agreed that the brewing company would lay a main from the nearest point to its brewery at its own expense and that in consideration therefor the…
1Opinion of the CourtEllison, J.
Before discussing the evidence which has been presented to us for review, we will consider one or two legal questions which occur in the cause.
I. We determined in Harris v. Township Board, 22 Mo. App. 465, on ample authority therein cited, that “ in this state it is not essential that the injury threatened shall be irreparable, to warrant a resort to an injunction; ” nor that the defendant in all cases should be insolvent; it is sufficient if “an adequate remedy canuot be afforded by an action for damages.” We are of the opinion that so far as concerns this branch of the case, plaintiff is…
2Cases cited3 opinions
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Springfield Railway Co. v. City of SpringfieldSupreme Court of Missouri · 1885
- Chouteau v. Union Railway & Transit Co.Missouri Court of Appeals · 1886
3Cited by17 opinions
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- Gordon v. MansfieldMissouri Court of Appeals · 1900
- Meyer v. ChristopherSupreme Court of Missouri · 1903
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